Note that this section of the website does not include:
Admissions Regulations and related items - for further information see Admission Regulations
CPD Regulations and related items - for further information see CPD
Authorisation of the Rules
The legislative authority for each of the rules is set out in the Preamble to the Rules.
Exercise of Functions under the Rules
The rules were made by the Council of the Society in May 2011. The rules provide for a number of functions to be carried out by the Council. With effect from 1 June 2011, the Council has arranged for their regulatory functions to be exercised on their behalf by a regulatory committee, all in accordance with section 3A of the Solicitors (Scotland) Act 1980 (as amended by the Legal Services (Scotland) Act 2010). The Regulatory Committee has, in turn, delegated the exercise of certain functions to regulatory sub-committees, for example, the Professional Practice (Rules & Waivers) Sub-Committee and the Guarantee Fund Sub-Committee and, in some cases, to duly authorised staff members of the Society.
The Regulatory Committee and its sub-committees may set conditions which apply to the exercise of any delegated function.
At least 50% of the membership of the Regulatory Committee and its sub-committees comprises lay persons.
Wherever the rules or Guidance refer to a regulatory function of the Council that function will, in fact, be exercised by the Regulatory Committee, one of its sub-committees or an individual, in each case operating on delegated authority on behalf of the Council. This applies regardless of the wording used in the rule or other item.
Archive of Superseded Rules & Guidance
The new practice rules are, of course, only effective from 1 November 2011. They have no retrospective effect. As a result there will occasionally be a need to consider the terms of rules and guidance in force prior to that date. The Society maintain an archive of all superseded rules and guidance. Should you wish a copy of any rule or guidance item which has been superseded please contact the Professional Practice Department.